Iowa

Recreational Use/Recreational Trespass Laws

I.C.A. 461C.1 through 461C.7

§ 461C.2. Definitions

As used in this chapter, unless the context otherwise requires:

1. "Charge" means any consideration, the admission price or fee asked in return for invitation or permission to enter or go upon the land.

2. "Holder" means the possessor of a fee interest, a tenant, lessee, occupant or person in control of the premises; provided, however, holder shall not mean the state of Iowa, its political subdivisions, or any public body or any agencies, departments, boards, or commissions thereof.

3. "Land" means private land located in a municipality including abandoned or inactive surface mines, caves, and land used for agricultural purposes, including marshlands, timber, grasslands and the privately owned roads, water, water courses, private ways and buildings, structures and machinery or equipment appurtenant thereto.

4. "Municipality" means any city or county in the state.

5. "Recreational purpose" means the following or any combination thereof: Hunting, trapping, horseback riding, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, motorcycling, nature study, water skiing, snowmobiling, other summer and winter sports, and viewing or enjoying historical, archaeological, scenic, or scientific sites while going to and from or actually engaged therein.

6. "Urban deer control" means deer hunting with a bow and arrow on private land in a municipality, without charge, as authorized by a municipal ordinance, for the purpose of reducing or stabilizing an urban deer population in the municipality.

§ 461C.3. Liability of owner limited

Except as specifically recognized by or provided in section 461C.6, an owner of land owes no duty of care to keep the premises safe for entry or use by others for recreational purposes or urban deer control, or to give any warning of a dangerous condition, use, structure, or activity on such premises to persons entering for such purposes.

§ 461C.4. Users not invitees or licensees

Except as specifically recognized by or provided in section 461C.6, a holder of land who either directly or indirectly invites or permits without charge any person to use such property for recreational purposes or urban deer control does not thereby:

1. Extend any assurance that the premises are safe for any purpose.

2. Confer upon such person the legal status of an invitee or licensee to whom the duty of care is owed.

3. Assume responsibility for or incur liability for any injury to person or property caused by an act or omission of such persons.

§ 461C.6. When liability lies against owner

Nothing in this chapter limits in any way any liability which otherwise exists:

1. For willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity.

2. For injury suffered in any case where the owner of land charges the person or persons who enter or go on the land for the recreational use thereof or for deer hunting, except that in the case of land or any interest or right therein, leased or transferred to, or the subject of any agreement with, the United States or any agency thereof or the state or any agency thereof or subdivision thereof, any consideration received by the holder for such lease, interest, right or agreement shall not be deemed a charge within the meaning of this section.

§ 461C.7. Construction of law

Nothing in this chapter shall be construed to:

1. Create a duty of care or ground of liability for injury to persons or property.

2. Relieve any person using the land of another for recreational purposes or urban deer control from any obligation which the person may have in the absence of this chapter to exercise care in the use of such land and in the person's activities thereon, or from the legal consequences of failure to employ such care.

3. Amend, repeal or modify the common law doctrine of attractive nuisance.

Financial Incentives for Public Access

Property Tax Incentives:
Current Use Programs: 

Statute: IA ST § 441.21 (e) § 26-26-407.

Method of Assessment: Agriculture is assessed based on productivity and earning capacity.

Application: Automatic.

Current Use Taxation for open-space land: 

Iowa has no current use taxation to promote open space or recreation.

Tax incentive specifically for providing access: 

Iowa has no tax incentive to provide hunter access.

Tax Incentive when land is subject to Conservation Easement: 

Iowa has no specific tax incentives for land subject to conservation easements. However, land certified as natural conservation areas, wildlife habitat and land designated as native prairie or land designated as a protected wetland by the department of natural resources may be exempted from paying property tax. I.C.A. § 427.1 (22), (24)

View all states with no tax incentives when land is subject to conservation easementHide all states with no tax incentives when land is subject to conservation easement
Income Tax: 

Iowa has no tax credits or incentives for the donation of land or conservation easements.

View all states with no tax incentives for donation of land or conservation easement Hide all states with no tax incentives for donation of land or conservation easement
Hunter Access Program: 

No programs classified as “state administrated walk-in hunter access programs” were identified in this state via general internet search. However, for more accurate information regarding this state’s hunter access programs or efforts, please view the Hunting Heritage Action Plan Hunter Access Program Assessment Survey Report.

Case Law

Hegg v. U.S., C.A.8 (Iowa)1987, 817 F.2d 1328

-Definition of “land” in subd. 1 of this section was intended to distinguish between rural and urban land and recreational area near reservoir was within the scope of this section.
-Plaintiff who was using swing-set when she was injured was engaged in a recreational use for purposes of this section, even though swinging is not specifically mentioned in the list of activities included within subd. 3.

Op.Atty.Gen. (Spencer), April 26, 1977

-A landowner is exempt from liability under this chapter for injuries occurring on his properly sustained by those using his property for snowmobiling recreational purposes where landlord charges no consideration for such land use; landowner may be liable to those recreationally using his property for willful or malicious failure to guard or warn and may be liable for the attractive nuisance created by such recreational activities which injure children thereby attracted.

Peterson v. Schwertley, 1990, 460 N.W.2d 469

-This section designed to encourage property owners to make land available for recreational uses, by relieving property owners of any duty to keep premises safe for “entry or use by others for recreational purposes,” did not require, either explicitly or implicitly, that such use be permissive; this section also relieves property owners of liability for injuries sustained by trespassers.

Scott v. Wright, 1992, 486 N.W.2d 40

-Statute relieving property owners of duty of care if property is used for recreational purposes did not apply where action against property owner rested on vicarious liability for tractor driver's alleged negligence in connection with hayride and not on duties addressed in recreational use statute; intervening act of negligence on part of the driver took case outside purview of recreational use statute.

Bird v. Economy Brick Homes, Inc., 1993, 498 N.W.2d 408

-Landowner did not “willfully or maliciously” fail to guard against dangerous condition, for purposes of exception to landowner immunity in recreational land use statute, by placing cable across access road.